جستجوی مقالات مرتبط با کلیدواژه « responsibility » در نشریات گروه « فقه و حقوق »

Pension funds play a crucial role in Iran by providing retirement provisions through paying pension benefits to retirees and their eligible survivors. However, the pension funds currently experience a critical situation due to a significant disparity between their financial resources and pension liabilities. This crisis stems from several factors, including the generosity of pension programs (in terms of retirement age and conditions and scope of support for survivors), demographic changes, and increased life expectancy leading to more pensioners and fewer contributors. Additionally, the challenges such as low returns on investment; transference of loss-making enterprises to the funds in order to settle government debts; and structural, governance, and management issues have exacerbated the situation.In fact, the primary factor contributing to the current crisis is the inefficiency of laws and regulations governing the Social Security Organization (SSO) and the Civil Servant Pension Fund (CSPF). The existing regulations on the governance of pension funds have changed the government’s role from regulator and guarantor to an intervening party. Consequently, most fund managers are appointed by the government, which sidelines beneficiaries and stakeholders from the governance process. Such a governmental structure, coupled with the lack of stakeholder involvement, exacerbates the problem of representation arising from the separation of ownership and management. This issue manifests itself not only in the traditional form but also in the political form.To address the problem of representation in pension funds requires supervision and increased stakeholder participation in fund management in order to enhance transparency, accountability, and managerial accountability. Therefore, it is crucial to revise laws and regulations to empower stakeholders’ role in the administration of pension funds. In this respect, the present study aimed to analyze the deficiencies in the laws and regulations on the governance and management of pension funds in Iran through the lens of corporate governance principles and mechanisms.

The regulations on the governance and management of pension funds play a crucial role in their performance. Establishing procedures and processes that promote good governance in pension funds can significantly contribute to the prevention and resolution of the current crisis. In this respect, corporate governance and its principles and mechanisms can serve as a vital tool for assessing the governance and management of pension funds. Pension funds in Iran, particularly SSO and CSPF, lack indicators of good governance in line with the corporate governance principles. The stakeholder involvement in company management, a fundamental right contributing to the mitigation of representation problems, is largely absent from the governance structure of Iran’s pension funds. Moreover, there are no legal requirements mandating transparency and reporting of the performance of pension fund managers. Additionally, the failure to recognize managers’ legal responsibility for their decisions, often influenced by their political affiliations, exacerbates the lack of accountability on the part of managers.

The present study used a descriptive–analytical method to address the research questions.

Considering the corporate governance mechanisms, Iranian pension funds (esp. SSO and CSPF) lack optimal conditions. The independence of the board of directors, a crucial aspect of corporate governance aimed at achieving its goals and principles, is fundamentally absent in Iranian pension funds. Moreover, the supervisory structure of pension funds fails to consider tripartism and the role of stakeholders. In addition, the absence of independent audit and actuarial committees within the supervisory framework severely undermines its effectiveness.The Audit Organization is tasked with auditing pension funds as per Paragraph (d) of Article (17) of Act on Structure of Welfare and Social Security Comprehensive System. However, the Audit Organization lacks the necessary independence and impartiality due to its governmental affiliation. Furthermore, the absence of official actuarial mechanisms to calculate the resources and liabilities of the funds, their exclusion from the establishment of rules and regulations related to fund liabilities, and the lack of public disclosure of report results to stakeholders and beneficiaries all have contributed to increased pension liabilities and financial instability of Iranian pension funds.

One of the hallmarks of a favorable normative system is the building/existence of congruence among symmetrical rights, duties, and responsibilities. The right of self-determination is a fundamental human right in various legal and ethical domains. This paper is focused on establishing compatibility between this fundamental right and its subsequent duty and responsibility. Man has the natural and social mechanisms to determine his own destiny. Is it appropriate to give him the right of self-determination in the moral and legal laws, which may cause him to ruin himself and others? Is it unreasonable for righteous rulers to determine human beings’ fate to improve their well-being? On the other hand, considering their fallibility, is it not possible that they become dictators who may ruin themselves and others? Then, can humans be held responsible for their own destruction? This paper aims to answer these questions in a descriptive, analytical, and critical manner. The answer implies a compatible system of thought, mainly based on the distinction between the moral and legal aspects of the three aforementioned concepts.

Climate change and its destructive consequences are considered as one of the major global challenges today. Various measures are being taken to tackle this issue. A key issue in this process is the possibility of litigation against harmful actions or inactions by governments or other actors on the global stage. Activists from different areas are working to enhance the capacity of national and international judicial and quasi-judicial bodies to address climate change litigations by strengthening the legal relationship between climate change consequences and human rights. Therefore, this research examines how, from a theoretical perspective, the relation between climate change and human rights is justified, what mechanisms are being utilized for litigation, what characteristics judicial and quasi-judicial proceedings have in the context, how technical barriers to litigation are overcome, and ultimately, how the prospects in this area can be evaluated. These are the main topics of the present research, utilizing library tools and studying various documents, including relevant judicial and quasi-judicial practices, and inferring generalizable conclusions from diverse data. The research findings underscore the high capacity of a human rights-based approach concerning litigation against the perpetrators of climate change and the potential impact of these findings on future climate change litigation.

Following the genocide in Rwanda that killed one million people, the Rwandan government turned to Gacaca courts, which are rooted in the culture of all the people of Rwanda, in order to expedite the prosecution of those involved in this humanitarian catastrophe and reduce the prison population. In order to adapt these courts to the conditions of the crimes committed, the Rwandan government made several changes in these courts, which according to many, changed its traditional and informal nature and brought it closer to the criminal courts. This intermediate mechanism, in addition to having gains and advantages as an alternative judicial response, has also caused concern and criticism from a human rights perspective. The present article examines this intermediate mechanism and its positive and negative aspects from a human rights perspective.

One of the important and effective tools to control the actions of the company's managers is the derivative lawsuit. The main purpose of establishing this legal institution is to protect the rights of shareholders, especially minority shareholders, and the company against the violations of managers. In most legal systems, this lawsuit against the directors the company has been accepted. This legal mechanism can prevent the squandering of the rights and interests of the company and its shareholders. A lawsuit is a derivative lawsuit with its own characteristics and is different from a liability lawsuit, both contractual and non-contractual liability. For the same reason In most legal systems, special attention has been paid to this lawsuit, but in the filing of this lawsuit, the existence of some restrictions, including the payment of court fees by the plaintiff, as well as the fact that the company is a joint stock company, has hindered its effectiveness In Iranian law section 276 of the Amendment to the commercial Act 1347 refer to possibility of filing a derivative action . The same is provided vastly in the bill 1384 in section 473 regarding new development of legal.  This study explains the concept of a derivative lawsuit and the conditions for filing this lawsuit in the French and Iranian legal systems, and the comparative aspect of the German legal system is also examined.

The spirit of responsibility and accountability among government officials is crucial for achieving the government's goals, legitimacy, and effectiveness, as well as the well-being and prosperity of the people and the country's development. Therefore, contemplating ways to increase this spirit and policymaking, planning, and legislation to enhance it is a vital necessity in the path of the development of the country and the prosperity of citizens. Accordingly, the subject of our research was "investigating ways to increase the spirit of responsibility and accountability in the officials of the Islamic Republic system," which we addressed using a descriptive-analytical method and library studies tools. Our study in this research shows that strengthening the spirit of responsibility and accountability in terms of internal drivers (psychological and cultural) is the best method and strategy through policymaking, program development, and the necessary regulations for internalization and institutionalization of this spirit from a psychological perspective in children from an early age, and from a cultural perspective by emphasizing national character development and religious and ideological beliefs with a mid-to long-term view by clearly distinguishing the duties of relevant institutions and transparency of organizations and officials in policymaking and setting regulations and laws is necessary, with legal requirements for effective and mandatory information dissemination and accurate and up-to-date reporting on duties and performance by organizations and officials, and strengthening incentivizing (rewards) and deterrent (penalties) laws and policies regarding responsibility or lack thereof being the most effective methods and suggestions.

Management of sustainable development is one of the important issues of development, which has not been discussed much in the shadow of the concept of sustainable development. The purpose of this article is to examine sustainable development management in countries from the perspective of international law with an analysis of economic jurisprudence.

This article is descriptive and analytical. The materials and data are also qualitative and data collection has been used.

Ethical considerations: 

In the present paper, the originality of the text, honesty and trustworthiness are respected.

The findings indicate that in economic jurisprudence, it is possible to achieve important principles and rules that indicate the management of sustainable development. The principle of not causing harm in the development process, observing the principle of maintaining balance and balance, the principle of responsibility and non-corruption in the land, and paying attention to human dignity are among the most important of these rules and principles. In international law, sustainable development management has been emphasized in various international conventions and documents, including the Rio Convention. In international development law, compliance with human rights standards, protection of social values and compliance with environmental standards in the development process are the three basic principles that govern sustainable development management. In the principle of compliance with environmental standards in the development process, there are important principles such as the principle of responsibility and compensation, the principle of caution and the principle of cooperation and information in environmental risks.

. The results showed What is important is to guarantee the implementation of the rules and principles governing sustainable development management. Without a guarantee of implementation, the rules governing the management of sustainable development in international law will remain only as recommendations.

If the guarantee contract is separated in a general division into the guarantee of transfer of Dhimmah and the guarantee as a tool to give credit to the obligee, the guarantee which is customary in commercial documents is the second part of the above division. The holder of the commercial document wants to introduce a guarantor while remaining the obligation and responsibility of the person who is the guarantor, in order to increase the strength and validity of the document and to raise his collective conscience in paying the amount of the commercial document. Therefore, the main question of the current research is that in the guarantee of commercial documents, is it engaged in the Dhimmah or responsibility? What effects will this detail have on the extent of the owner's rights? After researching and studying the works of jurists and jurists, and using a descriptive-analytical method, the authors came to the conclusion that in the guarantee of commercial documents, unlike the civil guarantee, the obligation to pay the amount of the document is placed on the guarantor, and such a view is also based on It increases the credibility of the commercial document and affects the rights of the holder.According to the nature of the issue of guarantee in commercial documents, i.e. the substitution of responsibility for the Dhimmah, after the occurrence of the guarantee, the guarantor is independently responsible for paying the amount to the holder of the commercial document without his obligation being subordinate to the Dhimmah of the main debtor.After the conclusion of the guarantee in the commercial document, if it is determined that the obligation of the main debtor was invalid during the issuance or transfer of the commercial document due to reasons such as forgery of the signature or lack of capacity, and for this reason, the debtor on the date of the document, because of the forgery his signature or lack of legal capacity, raises objections and refuses to pay, it must be said that regarding fake signature and lack of legal capacity, there is no discussion about the obligations of the holder; Rather, the discussion is about the commitment itself, because the commitment is the guarantor of an independent commitment. The subordination of guarantor's guarantee in commercial documents is not related to the principle of the obligation itself and it is related to the duties and legal conditions of the demand, which if the holder of the commercial document does not comply with the formalities of the demand for the document's payment within the specified period, he cannot, in terms of the commercial document, refer to the guarantor, but the fault of the holder has nothing to do with the independence of the guarantor's obligation in front of the principal debtor. In fact, in this research, guarantee is in a sense other than the concept of transfer and attachment. Because in the two concepts of transferring or attachment, the subject of the guarantee is the Dhimmah and a function of the debtor's Dhimmah, but in the guarantee of commercial documents, what is important is the independence of the guarantor's responsibility in dealing with the holder of the commercial document.The limits of the guarantor's responsibility (which include: the guarantor's relationship with the debtor; the relationship of multiple guarantors with the debtor; the relationship between multiple guarantors; Condition of mortgaged property; Collapse of debt obligation; Invalidation of debtor's obligation; Death of guarantor in relation to holder), the scope of the obligations of the officials of the commercial document towards the guarantor, the scope of the law (Statute) governing commercial documents, and the scope of defenses that cannot be cited against the guarantor (which in part consists of (1) irrefutable objections related to the will, which include the objection of forging the debtor's signature; Debtor's lack of legal capacity; forgery in the document after the signature of the debtor and guarantor; The problem of signing the document by the debtor's representative lacks authority, and in another part, it consists of (2) objections that cannot be relied on other than the will, that is, the guarantor's substitution of the debtor, as well as compliance with the deadlines for protesting and filing a lawsuit) will be the influencing factors in this connection

Women's rights is one of the main issues that has been focused by jurists and lawyers. From a legal point of view, considering women's natural rights is the initial step to realize their rights. This main point can be achieved just by adverting some particular circumstances that they may experience via their lives.studying jurisprudence areas is not sufficient for legislation, so to find a better understanding of legislation, this situation should also be examined from the perspective of psychology and medicine context. One of the big gaps in women's rights is neglecting women's rights during menopause, childbirth and especially her monthly discomforts.In all contemporary legal systems focusing on the rights and responsibilities of women during menstruation -as one of their natural rights- is a necessary basis for the development of laws and citizenship rights.

This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles.

Ethical Considerations:

 In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.

Therefore the current research,relying on medical, psychological, legal and jurisprudential evidence and applying descriptive analytical methods In the menopause, in the position of proving or rejecting the hypothesis by reviewing jurisprudence,medicine and psychology we came to the conclusion that our law neither supports this state of women nor passed any laws or protective measures. 

Issuing a wrong decision, while it may happen for various reasons, has important material and spiritual effects on the lives of people in the society. The purpose of this article is to examine the legal jurisprudence of the responsibility to compensate for the ruling's error in issuing a decision. This article is descriptive and analytical. The materials and data are also qualitative and data collection has been used.Ethical considerations: In this article, the texts’ originality of, honesty and trustworthiness have been observed. The findings showed that in issuing a verdict of error, the judge and, accordingly, the government are held responsible and both of them are responsible for their actions and decisions and guarantors of material and moral losses caused by intentional and unintentional fault. The judge's mistake is divided into two parts: guilt and mistake, each of which has a separate legal burden. In case of a mistake, the judge will not be immune from his job and will be prosecuted, the government and the personal property of the judge will be responsible for compensation for the damages caused to the victim in such a way that his professional responsibility in the disciplinary prosecution and the responsibility of the government The mistake of the judge and the responsibility of his personal property will be crystallized in the fault. Compensation is also possible in the form of restoration to the previous situation, financial payment and restoration of dignity. In Iranian law, compensation for moral damages has been neglected to some extent, and considering that the issuance of a wrongful verdict in many cases is associated with moral damages rather than financial damages, and it may harm the credibility and dignity of individuals, so it is necessary to pay more attention to it.

Based on the famous opinion of jurists And the majority of lawyers, the first principle in seizures on other property is based on the guarantee possession And all kinds of domination over the people's property have been condemned to liability of unlawful possession and the order of special rules of usurpation considering the pure obedience of the legislator in enacting Articles 301 to 327 of the civil law, accepting the well-known opinion of the jurists in a general or general manner, this extremist view has been seriously criticized by the commentators of the civil law. And basically, the application of the rules of usurpation to non-aggression, in which the basis of possession and domination is based on ignorance of truth and error and lack of malice, is in clear opposition to the principles and rules of justice and fairness and the requirement of the principle innocence. Therefore, in this article an attempt has been made with the help of scattered jurisprudential and legal opinions and related legal materials in order to modify the popular opinion and explain the responsibility of non-aggressors based on the use of other sources of coercive guarantee take a step.

Non-governmental organizations (NGOs), with their professional and non-political nature, play a fundamental role in promoting sustainable development and supporting the legal demands of citizens. These organizations have been praised for supplying innovative and people-oriented approaches to providing services, support, and empowerment; but in Iranian society, these organizations are in a state of disarray in such a way that they face many challenges in the way of establishment, supervision, financing, and liquidation, which will lead to the weakening of the public sphere. Getting rid of the existing reality and moving towards the desired situation requires the application of standards that can bring positive consequences for nongovernmental organizations. The current research aims to investigate the components of enhancement concerning non-governmental organizations in the laws and regulations of three countries of Iran, Armenia, and Canada. In terms of its descriptive purpose and research method, the current research will be in the form of collecting information through library study and collecting awards and valid legal documents, as well as reviewing and analyzing the content of these documents. The findings of the research show that Armenia has adopted comprehensive laws and regulations to support the activities of non-governmental organizations and has prepared official structures and committees to attend and consult with civil organizations. In addition, by using physical and virtual tools and official processes, it has provided capacities for the participation of NGOs. In Canada, there is no independent law regarding nonprofit organizations and these organizations operate according to the "Non-profit Organizations and Corporations Act". Iran continues to suffer from the lack of a comprehensive law for the activities of non-governmental organizations and there are no strong specific structures to attract the participation of these organizations.

The virtual world with its unique features allows people to explore digital spaces and interact with other users. Therefore, Metaverse has many advantages for business development. Metaverse is a tool for developing human life experiences, an unlimited and general scope and a virtual life space beyond our imaginations. This area started with the video games industry, but it was not limited to it and quickly included other aspects of life. Unfortunately, the requirements and platforms of Metaverse have not grown as this world is expanding. Metaverse is a world, whose principles, development and management have not been determined and explained, and how to monitor and even its shortcomings and inadequacies have not been fully defined. One of the most basic of these requirements, which is the basis of other activities, is the legal and legal requirements of this new world. The purpose of this article is to examine emerging legal issues in the metaverse and presenting new approaches to obtain solutions in this field. Specifically, the issue of ownership and intellectual property, NFTs and taxation, and liability rights were examined. Blockchain and smart contracts can be used to legitimize many of the necessary property protections; In particular, intellectual property should be used in the Metaverse ecosystem. NFTs are considered as examples of investment contracts and are considered as taxable securities. Regarding the legal responsibility of avatars in Metaverse, while identifying "electronic personality" for them, According to the degree of dependence of the avatar on the producer, the theories of "strict liability " and "direct liability" have been proposed. Despite this, it seems; that the ability to adapt the rules and regulations to the changing events in the metaverse and to change the approach inherent in the rules to manage this world are considered as the biggest legal challenges in this field. It must be emphasized that law is monitoring emerging events and challenges in metaverse.

Today, natural persons have appeared directly in international law to some extent, and because of this legal presence, they have been granted rights and responsibilities have been placed on them. Of course, having rights and responsibilities in the international arena by individuals requires that we consider them subject to international law, even though they are passive subjects, and although there have been and still are opposing views in this regard, it is the current practice in the society. Today's international community has recognized the status of natural persons as subjects of international law, and the application and implementation of these international rights and responsibilities is proof of this claim. What this article follows is to examine these rights and responsibilities related to individuals in international law from a historical perspective and the developments related to each of these issues in terms of the concept, nature and mechanisms related to each case. to provide a more comprehensive analysis of the rights and responsibilities of individuals in the international arena and the performance of the international community in this regard, as well as a more detailed analysis of the position of natural persons in international law. In fact, in this research, two aspects of an individual's presence in the field of international law are investigated; One aspect of it is human rights in international law, which was raised as an international issue since the beginning of the 20th century, and the other is the responsibility, especially the criminal responsibility of the individual, which is slowly moving to become an issue of international law.

On the one hand, this article aims at analyzing Herbert Hart's approach to the legal system and his attitude to international law, and on the other hand, it seeks to find the roots of the separation of primary and secondary rules in international responsibility law and presents criticisms towards this separation. The theory of international law is mixed with the criticism of the rule of law in this system. This separation was caused by an incomplete understanding of analytical law philosophy. The issue of rules in international law is not enough for this separation, and it is not clear exactly where the position of other rules is in this system. The context of rule-making in the international community is so complicated that it is not possible to simply differentiate between rules in this order. This distinction can be drawn in the best case in a positivist tradition. This article, based on the mainstream critical approach in international law, aims to investigate the relationship between the demarcation of primary and secondary rules in international responsibility law with theories of rules demarcation in the theories of Herbert Hart and Hans Kelsen.

From a long time ago, the terms of liability and obligation in the Islamic legal system have been known to regulate the credit and financial relationships of individuals, and in Western law, in the 19th century, a term of property with the same purpose was invented by French jurists.

This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles.

The Civil Code of Iran has included the rights of obligations under the title "in property" and despite the use of the mentioned vessels in the expression of its provisions, it has not explicitly mentioned their role and nature.

Ethical Considerations: 

In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.

Although the container has less than the previous duty in the language of jurists, it has a special place in terms of the role of communication between other containers in realizing some important legal effects and also creating a balance between the property of the creditor and the debtor.

In all types of Shariah and customary contracts, such as rent, lease, etc., if the hirer or lawyer is not at fault, the Holy Sharia of Islam does not consider him to be a guarantor and places him in the position of a trustee, medical operations, if in the form of one of If contracts are made, there is a possibility that he will be a trustee and if he does not default, the guarantee will be removed from him. In Article 495 of the Islamic Penal Code, medical operations are dealt with in the same way and if there is no fault, it does not consider him as a guarantor. Although there is a difference among Shia jurists regarding the guarantee and non-guarantee of a doctor, but the famous jurists have agreed on the guarantee of a qualified and expert doctor.

This is a library-based and descriptive-analytical research, which is done by using jurisprudence and hadith texts, the law of the Islamic Republic of Iran, and the bylaws of private and government medical centers.

The jurists decided on two main views regarding the guarantee of the doctor's error; The guarantee of the doctor in any case in such a way that even the satisfaction and innocence of the patient does not relieve him from the guarantee. lack of doctor's guarantee, which itself has two types;First part: lack of doctor's guarantee in all cases.Second part: guarantee unless he has obtained a letter of acquittal from the patient.

With the tremendous developments in space technologies in recent years, artificial intelligence is used instead of humans in decision-making. Artificial intelligence (AI) by the ability to think logically, manage its actions and correct its decisions when external conditions change without human interference. New intelligent and autonomous space technologies are being developed for various space activities. It uses for different applications such as processing of space data and information, debris removal, and exploration and extraction of natural resources in outer space. However, regulating the activities of space-faring and especially private actors in the use of AI in space technology and dispute settlement between the states have become one of new issues in international space law. Since the state's responsibility in space law is explained based on human behaviour, the issue arises that the existing international space regulations related to the state's responsibility to regulate space activities and their liability that is based on human behaviour can still be applied to the use of the new technologies or we need the new legal measures in international space law. It seems that with the extensive interpretation of Articles 6 and 7 of the Outer Space Treaty regarding state responsibility and liability, these provisions can still be considered applicable. Nevertheless, the new international space regulations can be an essential step in better determining and recognizing the state responsibility and liability of space actors that use space technologies that use AI.

Citizenship rights are one of the most important concepts of today's societies, which are closely related to various branches of theoretical and practical science. We tried to deal with the civil responsibility of violation of civil rights in a comparative manner with modern societies and the Universal Declaration of Human Rights. How important is the guarantee of the implementation of citizenship rights in Iranian law and the Universal Declaration of Human Rights? We believe that the executive guarantee of citizenship rights in Iran's laws is legal and moral and has no guarantee of implementation. The Universal Declaration of Human Rights basically has no guarantee of implementation except in cases where the guarantee of its implementation is declared through the resolutions of the United Nations Security Council and the General Assembly. Its content is mainly the application of economic and political sanctions. Violation of citizenship rights creates responsibility for which persons, according to the role that today's governments play in society, is the government responsible for the violation of citizenship rights?